IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50625
TOMMY LEE JACKSON,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-96-CV-216
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March 17, 1997
Before SMITH, DUHE’, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Tommy Lee Jackson (Texas prisoner # 652114), moves this
court for a certificate of appealability (COA) and leave to
appeal in forma pauperis (IFP) from the district court’s order
that he make partial payment of the filing fee. To proceed IFP,
Jackson must meet the requirements of FED. R. APP. P. 24(a).
Jackson has met these requirements; IFP is GRANTED.
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-50625
- 2 -
The district court erred in concluding that the filing fee
was $120. The filing fee for Jackson's federal habeas petition
is $5. See 28 U.S.C. § 1914(a). Because the district court's
denial of IFP status was based on the incorrect premise that
Jackson was required to pay $120 to proceed, Jackson has made a
substantial showing of error by the district court. Furthermore,
the Prison Litigation Reform Act of 1995 does not apply to this
habeas corpus action. United States v. Cole, 101 F.3d 1076, 1077
(5th Cir. 1996). COA is GRANTED. The order of the district
court assessing a filing fee of $120 and requiring partial
payment thereof is REVERSED and the case is REMANDED to the
district court for further proceedings.